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Update on the Stay of Enforcement Regarding Residency and 1,000 Foot Spacing Requirements for OK Cannabis Businesses

July 22, 2020

By: Courtney L. Kelley

Hall Estill News

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Earlier this month, Hall Estill attorney Courtney Kelley drafted an article regarding the Stipulation to Stay Enforcement (“Stay of Enforcement”) entered on July 6, 2020, by the Oklahoma County District Court in Case No. 2020-1206. The Stay of Enforcement provides that the Oklahoma Medical Marijuana Authority (“OMMA”) will not consider the two-year residency requirement when evaluating business license renewal applications if such licensee applied for licensure prior to August 29, 2019. It was unclear from the Stay of Enforcement whether the relief applied to all cannabis business owners or if it was limited to the Plaintiffs in Case No. 2020-1206. Due to the high level of interest we received in response to this announcement, Hall Estill reached out to OMMA’s legal counsel for clarification regarding the scope of the Stay of Enforcement and whether OMMA would adhere to the stipulation. Counsel for OMMA confirmed that OMMA will not be considering the residency requirements established in HB 2612 or the new 1,000 foot spacing requirements when processing any application for renewal of licenses that were issued or applied for prior to August 29, 2019. This is more good news for the Oklahoma Cannabis Industry. 

If you have questions, please contact your Hall Estill Attorney.